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1990 Supreme(Kar) 651

N.Y.HANUMANTHAPPA
ANNAMMA – Appellant
Versus
PATTAMMA – Respondent


Advocates:
K.Schshadri, M.G.Bhujanga Rao, RAMA RAO, S.G.Prabhakar

N. Y. HANUMANTHAPPA, J.

( 1 ) THE points to be considered in this appeal are:- (1) Whether there can be any order of Temporary Injunction in respect of a property wherein plaintiffs claimed that they have an undivided share? (2) Whether as per Section 6, sub-section (2) r/w Section 4 of Mysore Hindu womens' Right to Properly Act of 1933, plaintiffs are entitled to Succession to property? (3) Whether the Succession should go according to the order as mentioned in those two sections vix. , by way of succession or by survivorship? (4) Whether as per Section 6 (2) of the Act inspite of the words used 'male' or 'female', can it be said that both male and female succeeds to the properly simultaneously or male excludes female, son excludes widow and daughter, etc. ? (5) Can there be an injunction order even in the absence of a prima facie case made out as on the date of filing the suit and in the absence of balance of convenience? (6) even when it is shown thai plaintiffs have made out a prima facie case when greater hardship is going to be caused to the defendant No. 3 if an injunction is granted, is it not proper to decline to grant injunction provided it is shown the harm or injury that

























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